Legal Question in Family Law in Massachusetts

Contempt Question

I recently went to Court (March 23rd). I filed a Contempt against my ex wife for denial of visitation (this was the 4th time). My ex & I appeared in front of Family Services first, but nothing was resolved Family Services said we would have to appear in front of a Judge and I said fine, as long as it wasn't Judge Lian. The main reason, I have a history of appearing in front of this judge and historically he looks down on divorced men. (Ex. Per my Divorce Decree I'm suppose to have my kids every Christmas. I have had them once since 1995. In 1997 I tried filing an emergency order, but Judge Lian said no. In 1998 I tried again to get te kids for Christmas, but Judge Lian said, "you can have the kids for 2 hours.") Family Services regardless sent us to Judge Lian's courtroom. I walked out of the courtroom and mentioned to the Clerk I was dropping the Contempt. I received in the mail from the Court a letter stating "Case Dismissed with Prejudice". Exactly what does this mean? As a note I was representing myself pro se. Even though I earn about $65K a year, I cannot afford paying a Lawyer after Taxes, Child Support, Car Payments, and other Bills. I'm at a dead end & need advise....Thanks


Asked on 3/31/00, 9:15 pm

2 Answers from Attorneys
Thomas Workman Law Offices of Thomas Workman

Re: Contempt Question

Dismissed with prejudice means you cannot bring the issue up again, it is a final disposition. You could have appealed the judge's decision, but the time for filing an appeal is probably past.

I understand your frustration, but I can assure you it can only get worse if you try to represent yourself. Let me tell you what a judge sees. A man earning a good income (he has your financial statement in front of him or her, remember). He sees a person who has decided that everything else that you are spending money on is more important than your children. While the judge may be wrong, that is what they think. With that in mind, as long as you do not have an attorney, and the judge thinks you clearly can afford one (I have male clients who make a lot less than you who pay a lot to have representation), things are not likely to go your way.

I recognize that this may make you angry, and you may never contact me, but if you do, I will shoot straight with you, and tell you what you can reasonably expect to accomplish. The past is not going to help you. It may be so messed up that an attorney cannot help you today. It will not hurt to find out. As I think you have recognized, if you do not have an attorney, the results are not pretty!!!

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Answered on 4/14/00, 4:14 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Contempt Question

First go to my website and educate yourself

about contempt: http://falseallegations.com/contempt.htm and

http://falseallegations.com/contemp2.htm.

Then go to the bottom of the page and enter

"contempt" in the site-search tool, to pick up

other references to contempt in the website.

Next go to http://falseallegations.com/defense.htm

and organize your papers in the case.

Then to http://falseallegations.com/pricing.htm.

Then call me at 978-474-0833 with any questions.

If all meets your needs, then copy your papers

and send them to me. You may pay for the review and advise with your credit card.

Unscrambling procedurally botched cases is my forte.

Barbara

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Answered on 4/14/00, 8:59 pm


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